assonance and alliteration. Rhythm is also affected by some less obvious
things –
whether you use active or passive voice, transitive or intransitive
verbs, concrete or abstract words, direct or indirect statement, and specific or
general expressions. These affect the speed at which the reader takes in the
message and in this way affect rhythm.
Rhythm that is too repetitive is boring. A way to avoid this is to vary the
rhythm by varying the factors that determine rhythm. This also prevents writing
becoming dull and monotonous.
There is a very simple technique to see whether writing has rhythm. Listen to
it. If necessary read it aloud.
252
Feel for the flow. If it does not sound good,
rewrite it.
Humour
A barrister “wanted the Commonwealth Law Reports to be brightened by
judgments beginning with élan and proceeding with breathless zest, holding
the reader entranced to the end”.
253
Used appropriately, wit or humour can enliven a text. For example in his
classic text Learning the Law
Glanville Williams used to refer to the
jurisdictions of probate, family law and admiralty as “wills, wives and wrecks”
(combining wit with alliteration). As another example, lawyers refer to personal
injury work as “blood and bone”. Something light hearted can leaven a heavy
text.
There is, however, an issue with the use of humour in judgments. And, as is
the case with literary allusion, judicial opinion is divided.
Sometimes judges do resort to humour in their judgments.
254
In consequence
there are “celebrated examples of judicial jeux d’espirit”
(playful spirit).
255
One example is Sir Frederick Jordan’s description of “a picnic episode” as
“alfresco adultery”.
256
Another example occurred in the Supreme Court of Pennsylvania. A husband
lied to his future wife about the ring, saying it was diamond whereas it was
___________________
252
A good illustration of how this technique works to detect lack of rhythm is
to read aloud the epitaph for Lord Peter JG Lockhart: “Here lies the peerless peer
Lord Peter, Who broke the laws of God, man and metre”. This jars with its lack of
rhythm (as it is meant to as part of the joke and to make the point).
253
Kitto (1992) p 787
254
Jordan (1987)
255
Kitto (1992) p 787
256
Kitto (1992) p 787
 |
 |
 |